Case 3:20-cv-02985-X Document 1 Filed 09/28/20 Page 1 of 23 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION COMMODITY FUTURES TRADING COMMISSION, Plaintiff, CIVIL ACTION NO. ________________ v. KENZLEY RAMOS, a/k/a KENZLEY JACOBS, a/k/a ANTHONY DAVID “TONY” MCKINNEY, a/k/a ANTHONY GREEN, Defendant. COMPLAINT FOR INJUNCTIVE RELIEF, CIVIL MONETARY PENALTIES, RESTITUTION, DISGORGEMENT, AND OTHER EQUITABLE RELIEF Plaintiff Commodity Futures Trading Commission (“CFTC” or “Commission”), by and through its attorneys, alleges as follows: I. SUMMARY 1. From at least December 2015 through the present (the “Relevant Period”), Kenzley Ramos—also going by various aliases, including Kenzley Jacobs, Anthony David “Tony” McKinney, Anthony Green, Tony Jacobs, and Tony Lopez (“Defendant”)—has engaged in a fraudulent scheme to solicit and misappropriate money from numerous members of the public (“pool participants”) given to him for the purported purpose of trading binary options and/or off-exchange foreign currency (“forex”). Defendant committed fraud while acting as an unregistered commodity pool operator (“CPO”), by pooling participant funds and purporting to trade those funds in binary options and forex (the “Commodity Pool”). Case 3:20-cv-02985-X Document 1 Filed 09/28/20 Page 2 of 23 PageID 2 2. During the Relevant Period, Defendant claimed pool participants would profit from the Coronavirus pandemic and made various material misrepresentations to solicit pool participants, including that: (1) Defendant would use pool participant funds for trading in binary options and forex; (2) pool participants would earn weekly returns of 300%; (3) the pool participants’ returns from forex trading were guaranteed; (4) there was no risk of losing money; (5) the Commodity Pool had a balance of about $500,000 and was growing; and (6) after investing, pool participants would be able to access the Commodity Pool’s trading account to verify the trading. 3. These representations were false. Instead of trading binary options and forex as promised, Defendant has not been sending pool participants’ funds to a trading firm, and instead has been misappropriating pool participant funds for his personal use, often withdrawing funds as cash from his financial institution. 4. The fraud is ongoing. A pool participant contributed funds to the scheme at least as recently as January 22, 2020. And Defendant has continued placing fraudulent solicitations; doing so as recently as July 8, 2020 on Craigslist. Finally, Defendant has not returned any funds to pool participants. 5. By virtue of this conduct and the conduct further described herein, Defendant has engaged, is engaging, or is about to engage in acts and practices in violation of Sections 4b(a)(2)(A)-(C), 4c(b), 4m(1), 4o(1), and 2(c)(2)(C)(iii)(I)(cc) of the Commodity Exchange Act (the “Act”), 7 U.S.C. §§ 6b(a)(2)(A)-(C), 6c(b), 6m(1), 6o(1), 2(c)(2)(C)(iii)(I)(cc) (2018), and Commission Regulations (“Regulation”) 4.20(a)(1) and (b), 4.21, 4.22, 5.2(b), 5.3(a)(2)(i), 5.4, and 32.4, 17 C.F.R. §§ 4.20(a)(1), (b), 4.21, 4.22, 5.2(b), 5.3(a)(2)(i), 5.4, 32.4 (2019). 2 Case 3:20-cv-02985-X Document 1 Filed 09/28/20 Page 3 of 23 PageID 3 6. Unless restrained and enjoined by this Court, Defendant will likely continue to engage in acts and practices alleged in this Complaint and similar acts and practices, as described below. 7. Accordingly, the Commission brings this action pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1 (2018), and 7 U.S.C. § 2(c)(2)(C), to enjoin Defendant’s unlawful acts and practices, to compel his compliance with the Act and the Regulations promulgated thereunder, and to enjoin him from engaging in in any transactions involving ‘commodity interests,’ as described herein. In addition, the Commission seeks civil monetary penalties and remedial ancillary relief, including, but not limited to, trading and registration bans, restitution, disgorgement, rescission, pre- and post-judgment interest, and such other and further relief as the Court may deem necessary or appropriate. II. JURISDICTION AND VENUE 8. This Court has jurisdiction over this action under 28 U.S.C. § 1331 (2018) (codifying federal question jurisdiction) and 28 U.S.C. § 1345 (2018) (providing that district courts have original jurisdiction over civil actions commenced by the United States or by any agency expressly authorized to sue by Act of Congress). In addition, Section 6c(a) of the Act, 7 U.S.C. § 13a-l(a) (2018), authorizes the Commission to seek injunctive and other relief against any person whenever it shall appear to the Commission that such person has engaged, is engaging, or is about to engage in any act or practice that violates any provision of the Act, or any rule, regulation, or order thereunder. Section 2(c)(2)(C) of the Act, 7 U.S.C. § 2(c)(2)(C) (2018), subjects the forex solicitations and transactions at issue in this action to, inter alia, Sections 4b, 4c(b), and 4o of the Act, 7 U.S.C. §§ 6b, 6c(b), 6o (2018), as further described below. 3 Case 3:20-cv-02985-X Document 1 Filed 09/28/20 Page 4 of 23 PageID 4 9. Venue lies properly with this Court pursuant to 7 U.S.C. § 13a-1(e) (2018), because Defendant transacts business in this District, and certain transactions, acts, practices, and courses of business in violation of the Act and Regulations occurred, are occurring, or are about to occur within this District, among other places. III. THE PARTIES 10. Plaintiff Commodity Futures Trading Commission is an independent federal regulatory agency charged by Congress with the administration and enforcement of the Act, 7 U.S.C. §§ 1-26 (2018), and the Regulations promulgated thereunder, 17 C.F.R. pts. 1–190 (2019). The CFTC maintains its principal office at Three Lafayette Centre, 1155 21st Street NW, Washington, D.C. 20581. 11. Defendant Kenzley Ramos is an individual who, during the Relevant Period, resided in Georgia. As listed above, Defendant has used various aliases in his solicitations and correspondence with pool participants and potential pool participants. During the Relevant Period, Defendant operated as a CPO by soliciting, accepting, and receiving funds from pool participants to participate in the Commodity Pool. Defendant has never been registered with the Commission in any capacity. IV. FACTS A. Defendant Has Been Fraudulently Soliciting for the Commodity Pool and Misappropriating Pool Participant Funds. 12. During the Relevant Period, Defendant has been making material misrepresentations and omissions to pool participants and prospective pool participants about the Commodity Pool in Craigslist advertisements and in direct communications and written agreements with pool participants. Defendant has also been misappropriating pool participant funds by using it for his personal use and not trading in binary options and forex as promised. 4 Case 3:20-cv-02985-X Document 1 Filed 09/28/20 Page 5 of 23 PageID 5 Defendant has been engaging in this misconduct even after receiving notice of a pending emergency action seeking a cease and desist order against Defendant for such misconduct. 1. Defendant Has Been Making Fraudulent Solicitations via Craigslist Ads Promising Guaranteed Returns. 13. During the Relevant Period, Defendant has been creating the Craigslist ads to solicit and pool funds from U.S. citizens to purportedly trade forex. Defendant targets the Craigslist ads at cities across the country, including several cities within the state of Texas— Houston, Austin, San Antonio, and Dallas. 14. These Craigslist ads have varied titles, e.g., some included a title like “STOCK MARKET IS CRUMBLING, PROFIT OFF THE CORONAVIRUS WITH FOREX,” but the content of the solicitations are substantially the same: Defendant promises to act as the pool participant’s “day trader,” using the pool participant’s funds to trade forex, and guarantees the pool participant’s investment will produce profits without risk. Defendant even goes so far as to guarantee that any pool participant losses will be refunded via Defendant’s personal account. The ads also claim that the pool participant’s funds will be pooled with other pool participants’ funds and that the total balance of the Commodity Pool is $500,000 and growing. 15. To further support Defendant’s claims in his Craigslist ads, Defendant includes images showing trading gains of 4,433% and profits in excess of $450,000. These images also show Defendant’s account to hold a balance of nearly $750,000. Defendant, however, does not have a trading account; and, consequently, has not generated any trading gains or held any pool participant funds in a trading account. 5 Case 3:20-cv-02985-X Document 1 Filed 09/28/20 Page 6 of 23 PageID 6 2. Defendant Has Been Making Fraudulent Misrepresentations in Discussions with and Agreements Sent to Pool Participants. 16. After being contacted by potential pool participants in response to his Craigslist ads, Defendant generally has been repeating the misrepresentations from his Craigslist ads, including that: (1) Defendant would use pool participant funds for trading in binary options and forex; (2) the pool participants’ returns from binary options and forex trading were guaranteed; (3) there was no risk of losing money; and (4) the Commodity Pool had a balance of about $500,000 and was growing. 17. To further reassure his victims, Defendant enters into written agreements with pool participants. These agreements vary slightly in their language, but usually promise 300% returns per week in exchange for an investment of at least $200.